Parental authority means the responsibility and the right to raise and care for a minor child. It determines who makes the important choices in the child's life.
Meaning of parental authority
Parental authority consists of three core components:
- Upbringing and care: Daily care for the child's well-being
- Official representation: Representing the child in legal matters
- Financial management: Managing the child's property
Decisions within authority
| Subject | Examples |
|---|---|
| Education choices | School selection, changing schools, extra lessons |
| Health | Medical interventions, vaccinations, treatment plans |
| Place of residence | Moving house, child's living arrangement |
| Religious conviction | Religious education, ceremonies |
| Finances | Savings account, inheritances, policies |
| Identity documents | Application for passport or ID card |
Who gets authority?
Automatic authority is granted to:
- The biological mother (except in cases of discharge)
- The father who is married or has a registered partnership
- The father who has acknowledged the child and has registered authority
Duration of authority
Authority remains in force until:
- The child reaches the age of 18
- The child is declared of legal age by a court
- A court terminates the authority
Difference between authority and contact
Authority and contact are two different concepts:
| Authority | Contact |
|---|---|
| Right to make legal decisions | Right to contact with the child |
| May lie with one or both parents | Right for every parent |
| Necessary for important choices | Separate from authority rights |
Can a parent without authority still make decisions?
A parent without authority has no legal decision-making power over the child. However, this parent has a right to information and contact. In case of daily contact, this parent can make practical choices, but major decisions (such as school choice or medical matters) lie with the parent exercising authority.What to do in case of disagreement between parents?
In joint authority, parents must agree together on important matters. If this is not possible, the court can be approached for a ruling via 'substitute consent'.Can a third party get authority?
Yes, a court may award authority to another person, such as a guardian, if parents die, lose authority, or if it is in the child's best interest.Frequently asked questions about authority in Westland
How can I as an unmarried father apply for authority?
As an unmarried father, you can apply for authority via the The Hague District Court with a petition, together with the mother or alone. First, you must acknowledge the child at the Westland municipality. Then, you submit an application via the court's digital portal. The judge decides based on the child's best interests. This process can take several weeks to months.
What if my ex-partner blocks decisions?
In joint authority, agreement is required for major choices. If this is not possible, try mediation first. Otherwise, you can request substitute consent from the The Hague District Court. The judge then decides, for example on school or moving, always in the child's best interests.
Can I have the other parent's authority terminated?
Only a court can terminate authority in serious situations such as neglect or abuse. Submit a request to the The Hague District Court with evidence. The judge prioritizes the child's welfare and may temporarily transfer authority.
May I move with my child if I have authority?
In joint authority, consent from the other parent is required for a move that affects contact. Without agreement, you can request substitute consent from the court. In sole authority, you decide yourself, but the other parent may object if the move is harmful to the child.
What happens to authority after a divorce?
After a divorce, joint authority usually remains in place, unless the court decides otherwise. For help, you can contact the Juridisch Loket Westland.